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(vi) The resolution dated 12th October, 1998 is quashed
and set aside. Respondent nos. 1 and 2 are directed to
take immediate steps to demolish the unauthorized
structures in Bhivandi in accordance with law."

SUBMISSIONS:

Mr. Shekhar Naphde, learned senior counsel appearing on behalf of
the Appellants principally raised the following two contentions in support of
these appeals:

(1) Having regard to the statutory scheme contained in Sections 52 and 53 of
the MRTP Act read with Section 189 of the MaharashtraMunicipal
Councils, NagarPanchayats and IndustrialTownshipsAct, 1965 (the
Municipal Act), the Municipal Council had the requisite jurisdiction to pass
the resolution dated 12th October, 1998 and in that view of the matter the
direction of the High Court to demolish the structure is manifestly unjust, as
pursuant to or in furtherance of such scheme of regularization, the Appellant
could have filed an application praying for regularization of the
constructions raised by them.

STATUTORY PROVISIONS:

The relevant provisions of the MRTP Act are as under:

"2(15) "local authority" means

(a) the Bombay Municipal Corporation constituted under
the Bombay Municipal Corporation Act or the Nagpur
Municipal Corporation constituted under the City of
Nagpur Municpal Corporation Act, 1948, or any
Municipal Corporation constituted under the Bombay
Provincial Municipal Corporation Act, 1949.

(b) a Council and a NagarPanchayat constituted under
the MaharashtraMunicipal Councils, NagarPanchayats
and IndustrialTownshipsAct, 1965
2(19) "Planning Authority" means a local authority; and
includes